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There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, UNMISS Human Resources Section (HRS), the UNMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant’s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and UNMISS/HRS owed a duty to the Applicant to advise him of the option...

The separation decision for abandonment of post took effect in December 2012, and the Applicant claimed that she received separation related paperwork only in November 2018. The Tribunal decided that the Administration properly followed the procedures, including seeking and obtaining the approval of separation for abandonment of post from the Office of Human Resources Management, and notifying the Applicant at every important step by email and other authorized means in accordance with ST/AI/400 and therefore the separation decision was properly made. The Tribunal found that even if the...

The application was dismissed. The Tribunal held that the Applicant’s actions were consistent with a concluded intent not to return to her duty station, no matter the lack of basis. Therefore, the Respondent’s decision to separate her on the ground of abandonment of post was lawful.

In relation to the Applicant’s first claim, the Tribunal held that pursuant to staff rule 6.2 the entitlement to sick leave does not follow a cycle calculated since the date of appointment as argued by the Applicant, but, rather, is calculated pursuant to its own cycle determined by the date of the sick leave. The Tribunal thus concluded that the method used by the administration to calculate the Applicant's sick leave days was consistent with staff rule 6.2, while the method advocated by the Applicant was not. Accordingly, the application failed on the score of sick leave. On the Applicant’s...

ST/AI/400 explicitly applies to the abandonment of post and sets out the process to be followed under such circumstances. The Applicant's case is not one of abandonment of post but one of unauthorized absence under ST/AI/2005/3. The mere submission of a medical certificate in support of an absence does not suffice. Said certificate must be approved by the respective Medical Service. This has not been so in the Applicant's case, whose medical situation will be examined by a Medical Board pursuant to ST/AI/2019/1, and her placement on SLWOP is not a violation of her rights.